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Recent cases

HTC Corporation v Gemalto SA [2014] EWCA Civ 1335 (22 October 2014)22 October 2014James Mellor QC led Gemalto S.A.’s legal team in their appeal regarding construction of a claim in an allegedly infringed microcontroller patent (‘865’). Michael Tappin QC appeared as lead counsel for HTC. At first instance, Birss J had held that 865 was partially invalid and HTC had not infringed. Applying the Kirin Amgen principles, Lord […]
Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch)17 October 2014The Claimants, a group of Swiss fashion companies, instructed Adrian Speck QC as leading counsel. Charlotte May QC and Jaani Riordan comprised the legal team for the Defendants, who were the five leading British ISPs. This application was a test case to determine whether orders could be made against the ISPs requiring them to block […]
Specsavers International Healthcare Ltd & Ors v Asda Stores Ltd (Rev 1) [2014] EWCA Civ 129415 October 2014James Mellor QC recently appeared on behalf of Specsavers International Healthcare Ltd & Others in this appeal against an order for revocation of Specsavers’ overlapped ellipses wordless trade mark. Charlotte May QC acted for the Registrar of Trade Marks as an intervener. Following references to the Court of Justice of the European Union, the Court […]
Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWCA Civ 12939 October 2014Adrian Speck QC and Henry Ward successfully appeared for the Defendant/Respondent, Alpla UK Ltd, in this appeal relating to plastic milk bottle patents. Nampak Plastics Europe Ltd, the Claimant/Appellant, contended that Mr Justice Birss QC wrongly entered summary judgment against them. Lord Justice Floyd highlighted the necessary caution in summary judgments, such as this, where […]
Teva UK Ltd & Anor v Leo Pharma A/s [2014] EWHC 3096 (Pat)6 October 2014Teva UK Ltd and Teva Pharmaceutical Industries Ltd (‘TEVA’) instructed Daniel Alexander QC and Mark Chacksfield as part of their legal team in this patent dispute relating to combined dose psoriasis ointments. TEVA contended that two patents owned by Leo Pharma (‘LEO’), the Defendant, were invalid for obviousness, insufficiency and added matter. LEO alleged that […]
Vestergaard Frandsen A/S (now Called MVF 3Aps) v Bestnet Europe Ltd & Ors [2014] EWHC 3159 (Ch)3 October 2014Mark Platts-Mills QC, Tom Moody-Stuart and James Whyte appeared for Vestergaard Frandsen A/S and Others against George Hamer acting as part of the legal team for the Defendants, Bestnet Europe Ltd and Others. The action was for misuse of confidential information relating to the manufacture of insecticidal mosquito bed nets. A trial on liability had […]
Coward v Phaestos Ltd & Ors [2014] EWCA Civ 12562 October 2014James Abrahams acted for the defendants, the IKOS group of companies, in this appeal relating to costs in computer copyright litigation. The total costs were of the order of £20 million. The central issue was a ‘Calderbank’ offer to settle, made at an earlier stage by the claimant, Mr Coward. At first instance, Mrs Justice […]
Cranford Community College v Cranford College Ltd [2014] EWHC 2999 (IPEC)19 September 2014Jonathan Hill successfully defended Cranford College Limited (“CCL”) in a passing off action alleged by Cranford Community College (“CCC”). CCC also sought a declaration of invalidity of CCL’s two UK trade marks and alleged that CCL’s use of names, domain names and trade marks were instruments of deception. Judge Hacon, in the IPEC, held that […]
The Polo/Lauren Company v OHIM T-265/1318 September 2014Jonathan Hill recently acted for the Polo/Lauren Company, LP, the owner of the well known Ralph Lauren “Polo” brand, the applicant in proceedings before the General Court of the Court of Justice of the European Union challenging OHIM’s rejection of its opposition to the registration of a logo featuring a player of bicycle polo wielding […]
Thomas Pink Ltd v Victoria’s Secret UK Ltd31 July 2014Charlotte May QC and Jaani Riordan recently acted for the successful claimant in Thomas Pink Ltd v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch). The Claimant was the well-known English clothing retailer, Thomas Pink, which owned UK and Community trade marks for logos featuring the mark “PINK”. Thomas Pink complained about a line of […]